20 Changes For 2010: Defense of Marriage Act

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The ninth recommendation in the Civitas Institute Agenda “20 Changes for 2010: A Primer for State Reform” focuses on strengthening state marriage laws in North Carolina.

The problem: North Carolina is the only southern state that does not have a marriage defense amendment in its state constitution.

In 2009, North Carolina state legislators had the opportunity to enact a constitutional amendment declaring marriage as the union between one man and one woman. However, the Defense of Marriage Act, introduced this session in the House as HB 361 (Crawford, D-Granville; Lewis, R-Harnett; Burris-Floyd, R-Gaston; Hill, D-Columbus) and in the Senate as SB 272 (Forrester, R-Gaston), was blocked for a fifth straight session by opponents in committee.1

Without a constitutional amendment, current marriage laws could come under attack in the courtroom from same-sex couples who seek a marriage license or same-sex couples who move to North Carolina from another state that previously recognized their union as marriage.

Current state marriage laws declare: “A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry to take each other as husband and wife, freely.”

On the flip side, North Carolina law invalidates marriage – whether created by common law, contracted or performed outside the state – between individuals of the same gender.

That said, both laws do not substitute as a state marriage amendment, nor negate the right of North Carolinians to vote on the definition of marriage in a referendum.

Solution:

9.) Strengthen existing marriage laws

According to December, 2009 polling by the Civitas Institute, 73% of North Carolina voters support a constitutional amendment declaring that marriage is defined as one man and one woman, .

Recommendation:

Pass a Marriage Defense Act. The legislation would allow North Carolina voters to amend the state constitution to include the definition of marriage as solely between a man and a woman. If approved by voters, a constitutional amendment would strengthen already existing state marriage laws and not allow activist courts and legislatures to alter the definition of marriage.

1The Defense of Marriage Act has been introduced in the North Carolina General Assembly each session from 2004 through 2009.